Magistrates of Haddington v Thomas Bernard and Co Ltd: HL 16 Dec 1901

Burgh – Royal Burgh – Petty Customs – Charter of Confirmation, Erection, and Novodamus – Lands Included in Charter Outside Walls and Ancient Boundaries of Royalty – Through Customs – Causeway Mail.
Held that petty customs were leviable on goods entering certain lands which were included in a royal charter of confirmation, erection, and novodamus granted to a royal burgh in 1624, even although the lands in question were not within the ancient boundaries of the royalty or the old defensive walls of the burgh, and had been held since 1815 upon titles granted by the magistrates, in which it was stipulated that goods going to these lands were to pay the same custom as if they had gone ‘through’ the burgh.

Judges:

Lord Chancellor (Halsbury), Lord Macnaghten, Lord Davey, Lord Brampton, Lord Robertson, and Lord Lindley

Citations:

[1901] UKHL 199, 39 SLR 199

Links:

Bailii

Jurisdiction:

Scotland

Local Government

Updated: 14 July 2022; Ref: scu.630993